Commitment for trial or confinement by person having authority who knows that he is acting contrary to law
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Summary
An officer who legally may commit someone for trial or keep them confined but corruptly or maliciously does so while knowing the act is unlawful, commits an offence. It applies when an authorised official knowingly misuses that power to detain or send someone for trial contrary to law. Punishment can be up to seven years imprisonment, a fine, or both.
Example
Rohan, a jail superintendent, receives a court order granting Priya bail but maliciously keeps her in custody knowing the detention is unlawful. Under this rule Rohan can be prosecuted and face up to seven years imprisonment, a fine, or both.
Bare Act
Enacted textWhoever, being in any office which gives him legal authority to commit persons for trial or to confinement, or to keep persons in confinement, corruptly or maliciously commits any person for trial or to confinement, or keeps any person in confinement, in the exercise of that authority knowing that in so doing he is acting contrary to law, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.
BNSS Classification
- Imprisonment for 7 years, or fine, or both.
- Non-cognizable
- Bailable
- Triable by Magistrate of the first class.
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